The Constitution Foundations of American Government

How does the Constitution serve as both the plan of government and the basis for laws in the United States?  Structure of the government includes the separation of powers and the relationship between the federal government and the states.  Fundamental civil liberties (i.e. Bill of Rights) which is the basis for laws in the U.S.

The Relationship between the federal government and the states is called….  FEDERALISM-  one of the most important and innovative concepts in the U.S. Constitution, although the word never appears there.  Federalism is the sharing of power between national and state governments. In America, the states existed first, and they struggled to create a national government.  The U.S. Constitution is hardwired with the tensions of that struggle, and Americans still debate the proper role of the national government versus the states.  Health care, education, minimum wage

Separation of Powers vs. Checks and Balances

Influences of John Locke  Jefferson and the Declaration of Independence

What made up the bulk of the Declaration of Independence?

The Articles of Confederation Our First Constitution  Weaknesses  No Executive or Judicial branch…just a legislative branch.  Congress did not have direct authority to tax…they could ask the states for money.  Congress could not regulate interstate and foreign trade, or raise an effective army.  Each state had one vote in Congress and 9 out of 13 votes was needed to pass legislation.  All powers not specifically granted to Congress belonged to the States.  A unanimous vote of the states was required to amend the Articles.  The states often used their own currency; national currency was available but it was considered worthless

Calls for Change  Shay’s Rebellion (Led by Daniel Shay)  Farmers the government of Massachusetts – no pay for fighting in the Revolution  Government (state) was charging high takes and seizing their land  Government (state) asked the Feds for help to stop the rebellion  The Feds couldn’t help…. No RESOURCES  *By the way… other states had similar rebellions This convinced many Americans that we needed a stronger central government

Federalists vs. Anti-Federalist Federalists (supporters)  Organized to convince states to approve the Constitution (John Jay, Alexander Hamilton, James Madison)  Federalist Papers- articles written to defend a strong central government Anti-Federalist (opponents)  Organized to oppose the Constitution (Patrick Henry and Thomas Jefferson)  Complaints-  Seeds of tyranny and threatened peoples’ rights  Too much power taken from states  No Bill of Rights- left people unprotected

Other compromises and decisions  Slavery (3/5 Compromise)  5 slaves – 3 free people  By the way… the term slavery was not used… “other persons” was the official term  Electing the President (Electoral College)  Framers didn’t trust the common people  We were a “mob” that could be easily swayed  Presidential terms (unlimited)  With reelection every four years  Ratification (acceptance or approval)  9 out of 13 states (  Not unanimous like the Articles of Confederation

The Bill of Rights  Arguments against it (Federalists)  Constitution guaranteed civil liberties  Included in State Constitutions  No tyranny due to limited powers of the Federal Government  Habeas Corpus protected our rights (if jailed we have the right to see a judge to determine if it is legitimate)  No ex-post facto laws allowed (laws passed after a crime)  No bill of attainder (found guilty without a trial)  No religious tests to hold public office Another compromise!!!! Federalist and Antifederalists agreed to create a Bill of Rights after ratification.

What type of government did each state have to have?  Republican (representative) By the way… (?36) The federal governemtn and the states divide power in what we call the “Federal System” it means the same thing as FEDERALISM

Separation of Powers (Montesquieu)  President elected by Electoral College  JOB= CARRIES OUT THE LAWS  Appointed by the President  Approved by the legislature  Job= INTERPRETS THE LAWS  House of Representatives- elected directly by the people based on population (435 today)  Congress (Senate) 2 senators from each state elected by the House of Representatives (17 th Amendment changed this)  Job= MAKES THE LAWS Executive LegislativeJudicial

More on the Judicial Branch  Judicial Review- The Supreme Court can declare laws of Congress UNCONSTITUTIONAL  Marbury vs. Madison  Chief Justice John Marshall in 1803  Often called an “Informal Amendment” to the Constitution because it isn’t stated in the Constitution.)  Outcome- established the Supreme Court as an independent, coequal branch of government

Amending the Constitution  The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.  Marbury vs. Madison- judicial review  War Powers Resolution (The Congress has power to declare war in the Constitution) but in 1973 the President was authorized to seek Congressional approval AFTER putting troops on foreign soil- within 60 days.  President = Commander-in-Chief